The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

This Oxford Handbook provides the most comprehensive, authoritative, and detailed study into the use of force in international law yet available

Over seventy experts offer an unparalleled assessment of the law of the use of force from a range of inter-disciplinary perspectives

Investigates key recent controversies in this field, including forcible humanitarian action and pro-democratic intervention, the expansive interpretation of self-defence, the ability of non-state actors to mount armed attacks of significant scale and destructive power, and the doctrine of exceptionalism

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

Description

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades.

This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defense and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

Table of Contents

I Introduction 1. The History of the Prohibition of the Use of Force, Randall Lesaffer2. The Debate about the Prohibition of the Use of Force and Collective Security as a Structural Element of International Relations Discourse Through the Centuries, Daniele Archibugi, Mariano Croce, and Andrea Salvatore3. The Limitations of Traditional Rules and Institutions Relating to the Use of Force, Michael Glennon4. The Enduring Relevance of Traditional Rules and Institutions Relating to the Use of Force, James Crawford5. Feminist Perspectives on the Law on the Use of Force, Gina Heathcote6. Exeptionalism, Lawfulness, and Legitimacy and the Rules on the Use of Force, Matthew Happold7. The Use of Force as Enforcement of the International Legal Order?, Jean d'Aspremont8. Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force, Alexander OrakhelashviliII Collective Security and the Non-use of Force 9. Reconfiguring the UN System of Collective Security, Ramesh Thakur10. The Breadth and Scope of UN Security Council Forcible Mandates, Dan Sarooshi11. Security Council Authorizations to Use Force: Recent Developments, Niels Blocker12. When the Council Fails to Act: The Theories of the Unreasonable Veto, Implied Mandates and Devolution of Authority from the Security Council to Other Actors, Ian Johnstone13. No-Fly Zones and Maritime Exclusion Zones in Security Council Practice, Rob McLaughlin14. Military Sanctions Enforcement in the Absence of Express Authorization, Penelope Nevill15. The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security, Nigel D. White16. Regional Organizations and Arrangements: Authorization, Ratification or Independent Action, Erika de Wet17. Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ, Mark Weisburd18. The Use of Force in Complex Peace-keeping and Governance Operations, Scott Sheeran19. Protection of Civilians in Security Council Practice, Haidi Willmot20. Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates, Nicholas Tsagourias21. Transparency, Accountability, and Responsibility for Internationally Mandated Operations, Charlotte Ku22. Failure to Protect: Recent Experiences, Andre NollkaemperIII The Prohibition of the Use of Force, Self-Defence, and other Concepts 23. Article 2(4) History and Present Content, Nico Schrijver24. Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference, Jan Klabbers25. Non-aggression in the African Union, Chaloka Beyani26. The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region, Jen Michel Arrighi27. The Crime of Aggression at the ICC, Sean Murphy28. The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence, Claus Kress29. The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports, Roger O'Keefe30. The Resilience of the Restrictive Rules on Self-defence, Jorg Kammerhofer31. Self-defence and Collective Security: Key Distinctions, Sir Michael Wood32. Taming the Doctrine of Preemption, Ashley Deeks33. Can Non-state Actors Mount an Armed Attack?, Kimberley Trapp34. The Problem of Imminence in an Uncertain World, Noam Lubell35. Action against Host States of Terrorist Groups, Lindsay Moir36. When Does Self-defence End?, Terry Gill37. Theatre of Operations, Jean Christophe Martin38. Rendition and Abduction, Gregory S. McNeilIV Action on Behalf of Peoples and Populations 39. Humanitarian Intervention, Sir Nigel Rodley40. Pro-democratic Action, David Wippman41. Intervention by Invitation, Gregory H. Fox42. Self-determination Movements, Elizabeth Chadwick43. Resistance to Armed Occupation, Francoise Hampson44. A Unifying Theory of Forcible Action on Behalf of Peoples and Populations, Marc WellerV Revival of Classical Concepts? 45. Necessity, Olivier Corten46. Retaliation and Reprisal, Shane Darcy47. Hot Pursuit, Bill Gilmore48. The Threat of the Use of Force and Ultimata, Pierre Bodeau Livinec49. Blockades and Interdictions, Wolff Heintschel von Heinegg50. Rescuing Nationals Abroad, Mathias Forteau51. Peace Agreements and the Use of Force, Martin Waelisch52. The Legal Effect of War or a State of Armed Conflict, Marina ManciniVI Emerging Areasn 53. Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations, Guglielmo Verdirame and Vasco Becker Weinberg54. The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force, Daniel Joyner55. Forcible Action to Combat Piracy, Douglas Guilfoyle56. An Unending Theatre of Operations: War on Terror?, Bill Burke White57. The Changing Environment and Emerging Resource Conflicts, Marco Pertile58. Remotely Piloted Warfare as a Challenge to the Ius ad Bellum, Jordan Paust59. Cyber 'Attacks' - is the Law on the Use of Force ever Involved, Michael Schmidt60. Private Military Companies and the Ius ad Bellum, Ian RalbyVII General Problems 61. Ius Cogens Restrictions on, or Demands for, Forcible Action, Andre de Hoogh62. Proportionality, Theodora Christodoulidou and Kalliopi Chainoglou63. The Interrelationship of the Ius ad bellum and the Ius in bello, Okimoto Keichiro64. Responsibility for the Misidentification of Circumstances Justifying the Use of Force, Stefan Talmon65. Third States and the Use of Force, Luigi Condorelli and Paolo PalchettiVII Conclusion 66. Conclusion, Marc Weller

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

Author Information

Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively.

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

Reviews and Awards

"The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on such an important subject of international law." - Natalino Ronzitti, Italian Yearbook of International Law

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller

From Our Blog

May 29th marks the International Day of United Nations Peacekeepers, during which the world pays tribute to those who are serving, those who have served, and those who have lost their lives in the service of peace. Although peacekeeping was not envisaged in the UN Charter, it has become the flagship activity of the Organisation and perhaps the most innovative evolution within the UN collective security system.

By Gina Heathcote On 25 June 2013, the United Nations Security Council issued its sixth resolution on women, peace, and security: Resolution 2106. In line with three of the preceding resolutions on women, peace, and security ' Resolutions 1820, 1889 and 1960 ' the Council focused on the issue of sexual violence in armed conflict.

By Gina Heathcote Gender studies begin by asking how you understand gender, the boundary, the space, the difference, the divergence and the sameness between m and f. How femininity and masculinity are knowable, reversible, collapsible, forgettable, changeable and open to renegotiation, supposedly given, fixed, yet mutable.